자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 27, 2016, at around 05:30, the Plaintiff driving a DNA benz vehicle under the influence of alcohol concentration of 0.153% on the front of the C cafeteria located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and suffered injury to the benz vehicle and the bones of the benll that requires two weeks’ treatment to the said E.
B. On March 2, 2016, the Defendant rendered a disposition to revoke the Plaintiff’s first-class and second-class driver’s license from March 24, 2016, pursuant to Article 93(1) of the Road Traffic Act, on the ground that the Plaintiff had injured persons while driving a vehicle in the state of drinking alcohol content of not less than 0.05%.
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on March 28, 2016, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on June 14, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering the fact that the Plaintiff’s assertion that drinking alcohol is recognized by the Plaintiff, the Plaintiff’s depth and reflects the depth, the Plaintiff agreed with the victim, the need for vehicles for long-distance commuting to the university, the absence of past records such as drinking driving, etc., and there is a possibility that the Plaintiff had a higher level of alcohol concentration due to fluence in oral oral settlement before a drinking test was conducted, the instant disposition was excessively harsh and abused its discretionary power.
(b) Where a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following cases, the commissioner of a district police agency may revoke the driver's license (including any driver's license within the scope; hereafter the same shall apply in this Article) or suspend the validity of the driver's license for a period not exceeding one year in accordance with the standards prescribed by Ordinance of the Ministry of the
1. Article 44.